OUI suspect is a real hoot

The MetroWest Daily News reports Northborough Police had to call in a bucket truck to arrest a man charged with OUI - after they found him 30 feet up a tree and refusing to come down because he was "an owl."

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        Great moments in American legal discourse

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        http://kevinunderhill.typepad.com/Documents/Opinions/People_v_Foranyic.pdf

        A police officer acted reasonably under U.S.
        Const., 4th Amend., in detaining a man he observed
        with an ax riding a bicycle at 3 a.m. A reasonable
        police officer, considering the totality of the circumstances,
        would reasonably suspect criminal
        activity might be afoot upon viewing someone riding
        a bicycle, with an ax, at 3 a.m., even though no
        recent “ax crime” had been reported. The officer
        could reasonably eliminate firefighting and logging
        from the list of possible pursuits the man might
        have been engaged in, and while there were doubtless
        some reasonable explanations that might be
        conjured up, the possibility of an innocent explanation
        did not deprive the officer of the capacity to
        entertain a reasonable suspicion of criminal conduct.

        This incident did take place during the hours of
        darkness. Stygian darkness. No one who has ever
        worked a graveyard shift can underestimate the significance
        of any bicycle traffic at that hour, much
        less lethally armed bicycle traffic.

        […] While acknowledging the defendant's
        right to be in such an area conversing with
        acquaintances, the court explained, “Three a.m., on
        the other hand, is both a late and an unusual hour
        for anyone to be in attendance at an outdoor social
        gathering, particularly in a residential neighborhood
        where he does not reside.” (Id. at p. 155.)

        We consider it equally unusual to be abroad at that hour on
        any errand that requires an ax.

        [...] Nor can we ignore the long history of the ax as
        a weapon. While no one refers to a “gun-murderer”
        or “knife-murderer” or “crowbar-murderer,” the
        equivalent usage with regard to an ax is well ensconced
        in American usage. The ax, like the machete
        and the straight razor, is an implement whose
        unfortunate utility as a weapon sometimes overshadows
        its value as a tool.

        Thus, while it is true no “ax crime” had been
        reported, and while it is true the officer was not
        asked what specific crime he might have thought he
        was investigating when he ordered Foranyic to dismount,
        it was nonetheless reasonable, logical and
        legal for the officer to require Foranyic to spend a
        few minutes explaining himself and these circumstances,
        which were not *191 only unusual, but
        unique in the annals of reported California decisions.
        Some things cannot be ignored. The judgment
        is affirmed.

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        Reminds me of a story from a

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        Reminds me of a story from a Woody Allen book:

        Elmira was a tough joint. I escaped five times. Once I tried to sneak out
        in the back of a laundry truck. The guards got suspicious, and one of them
        poked me with his stick and asked me what the hell I was doing lying around
        in a hamper. I looked him right in the eye and said, "I'm some shirts."
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